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Wednesday, August 16, 2006

Ind. Courts - "Jury hears both sides of fatal shooting"

In a story today in the Lafayette Journal & Courier, Joe Gerrety's report begins:

Michael J. Kelnhofer was defending himself and his home when he fatally shot Jamie L. Gallivan through his front door last year, Kelnhofer's attorney argued Tuesday.

A Tippecanoe Circuit Court jury began hearing evidence Tuesday in Kelnhofer's murder trial. Kelnhofer, 32, is charged in connection with the April 26, 2005, fatal shooting of Gallivan, 27.

Prosecutor Jerry Bean told jurors that Gallivan was attempting to recover a shotgun from Kelnhofer the day of the shooting. He said Kelnhofer knew Gallivan was unarmed when he fired a single shot from a .22-caliber rifle through Kelnhofer's front door, hitting Gallivan in the chest.

But Kelnhofer's attorney, Kirk Freeman, told jurors to focus on the context of the shooting.

"Michael Kelnhofer did shoot Jamie Gallivan, but he had a reason to do so," Freeman said. "He acted in self-defense. ... Michael Kelnhofer had no other alternative, and this was a case of self-defense."

The first thing the ILB thought of, when reading this, was the trial in Kentucky several weeks back, involving that state's new lethal force law, similar to Indiana's. For more, see this ILB entry from August 7th.

Posted by Marcia Oddi on August 16, 2006 08:15 AM
Posted to Ind. Trial Ct. Decisions